Common use of Construction of Certain Provisions Clause in Contracts

Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor the inclusion of any specific item in the Schedules or Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and neither party shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes of this Agreement.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Aviation Sales Co), Asset Purchase Agreement (Aviation Sales Co), Purchase Agreement (Blyth Industries Inc)

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Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor or the inclusion of any specific item in the Schedules Company Disclosure Schedule or Exhibits any schedules or exhibits attached hereto is not intended to imply that such amounts amounts, or higher or lower amounts, or the items so included or other items, are or are not material, and neither party no Party shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules herein or Exhibits therein in any dispute or controversy between the parties Parties as to whether any obligation, item or matter not described herein or therein is or is not material for purposes of this Agreement.

Appears in 3 contracts

Samples: Merger Agreement (Rock-Tenn CO), Merger Agreement (Rock-Tenn CO), Merger Agreement (Neff Rental LLC)

Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor the inclusion of any specific item in the Schedules or Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and neither party none of the parties shall use the fact of the setting of such amounts or the fact of the any inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes of this Agreementhereof.

Appears in 3 contracts

Samples: Asset Purchase Agreement (American Water Works Co Inc), Merger Agreement (American Water Works Co Inc), Asset Purchase Agreement (Citizens Utilities Co)

Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and representations, warranties contained or covenants con tained in this Agreement nor the inclusion of any specific item in the Schedules or Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and neither party shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes of this Agreement.

Appears in 3 contracts

Samples: Recapitalization Agreement (McMS Inc), Recapitalization Agreement (Micron Electronics Inc), Recapitalization Agreement (McMS Inc)

Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor or the inclusion of any specific item in the Schedules or Exhibits is not intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and neither no party shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter not described herein or included in a Schedule or Exhibit is or is not material for purposes of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Fortegra Financial Corp), Merger Agreement (Blue Bird Body Co)

Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor the inclusion of any specific item in the Schedules or Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and neither party no Party hereto shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes of this Agreementhereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Aphton CORP)

Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor the inclusion of any specific item in the Schedules or Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and neither party shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes of this Agreementhereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Alamo Group Inc)

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Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and representations, warranties or covenants contained in this Agreement nor the inclusion of any specific item in the Schedules or Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other items, are or are not material, and neither party shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes of this Agreement.

Appears in 1 contract

Samples: Recapitalization Agreement (Micron Electronics Inc)

Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor or the inclusion of any specific item in the Schedules Disclosure Letter or Exhibits any schedules or exhibits attached hereto is not intended to imply that such amounts amounts, or higher or lower amounts, or the items so included or other items, are or are not material, and neither no party shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules herein or Exhibits therein in any dispute or controversy between the parties as to whether any obligation, item or matter not described herein or therein is or is not material for purposes of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Jostens Inc)

Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor or the inclusion of any specific item in the Schedules Disclosure Schedule or Exhibits any other schedules or exhibits attached hereto is not intended to imply that such amounts amounts, or higher or lower amounts, or the items so included or other items, are or are not material, and neither no party shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules herein or Exhibits therein in any dispute or controversy between the parties as to whether any obligation, item or matter not described herein or therein is or is not material for purposes of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Propex Fabrics Inc.)

Construction of Certain Provisions. It is understood and agreed that neither the specification of any dollar amount in the representations and warranties contained in this Agreement nor the inclusion of any specific item in the Schedules or Exhibits is intended to imply that such amounts or higher or lower amounts, or the items so included or other itemsincluded, are or are not material, and neither party shall use the fact of the setting of such amounts or the fact of the inclusion of any such item in the Schedules or Exhibits in any dispute or controversy between the parties as to whether any obligation, item or matter is or is not material for purposes of this Agreement.hereof; provided, however, that the representations and

Appears in 1 contract

Samples: Asset Purchase Agreement (Aviall Inc)

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